IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 06.06.2022

Pronounced on : 15.06.2022

Coram::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Criminal Original Petition No.2714 of 2019

& Crl.M.P.No.1733 of 2019

1. Reeoh Business India Limited,

No.12, Saraswathi Garden,

GandhiGrammam, Vadakkuthu Panchayath,

Gandhi Nagar (Post),Kurinijipadi Taluk,

Cuddalore - 607 308.

2. Gomathi @ Gomathi Aruna, (Age 56),

Managing Director,

Reeoh Business India Limited,

No.12, Saraswathi Garden,

GandhiGrammam, Vadakkuthu Panchayath,

Gandhi Nagar (Post),Kurinijipadi Taluk,

Cuddalore - 607 308.

3. Shunmugha Sundharam (Age 65),

Director,

Reeoh Business India Limited,

No.12, Saraswathi Garden,

GandhiGrammam, Vadakkuthu Panchayath,

Gandhi Nagar (Post),Kurinijipadi Taluk,

Cuddalore - 607 308.

4. Nayagam, (Age 35),

Director,

Reeoh Business India Limited,

No.12, Saraswathi Garden,

GandhiGrammam, Vadakkuthu Panchayath,

Gandhi Nagar (Post),Kurinijipadi Taluk,

Cuddalore - 607 308.

... Petitioners

/versus/

Mathiazhagan,

S/o.Annavi,

No.A-4, Pearl Street,

Block-16, Neyveli Township,

Kurinijipadi Taluk,

Cuddalore – 607 308.

... Respondent

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Prayer: Criminal Original Petition filed under Section 482 of

Cr.P.C., to call for the records and quash the C.C.No.105 of

2018 on the file of the District Munsif and Judicial Magistrate,

Neyveli.

For Petitioners

: Mr.K.Elangoo

For Respondent

: Mr.S.Vinoth Kumar

O R D E R

This petition is filed to quash a private complaint in

C.C.No.105 of 2018 on the file of District Munsif-cum-Judicial

Magistrate, Neyveli, arising out of private complaint under

Section 138 of Negotiable Instruments Act, 1881.

2. The 1^st petitioner is the Company by name M/s.Reeoh

Business India Limited. The petitioners 2 to 4 are Managing

Director and Directors of the said company respectively.

Alleging that, for the business purposes of the 1^st petitioner

Company, the 2^nd petitioner borrowed a sum of Rs.17,00,000/- from

the respondent on 16.02.2018 promising to repay the same within

two months. The 1^st petitioner Company is managed through 2^nd, 3^rd

and 4^th petitioners. As a security, a post-dated cheque of the

1^st petitioner Company for a sum of Rs.17,00,000/- was handed

over to the respondent. When the said cheque dated 17.04.2018

was presented for collection, same was returned with an

endorsement “Account blocked”. After causing statutory notice

under Section 138 of Negotiable Instruments Act, a complaint was

lodged alleging that the cheque was issued by the 2^nd accused,

who is the authorized signatory of the 1^st accused and same was

issued with knowledge and connivance of the accused 3 & 4, who

are Directors of the 1^st accused Company. The above said

complaint is sought to be quashed under Section 482 of Cr.P.C on

the ground that, on receipt of the statutory notice, a detailed

reply dated 31.05.2018, denying the liability and issuance of

the cheque.

3. In the quash petition, it is pleaded that the Trial

Court without applying its mind and unmindful of the fact which

has been brought out in the reply notice by categorically

stating that, the subject cheque lost by the 2^nd petitioner

herein on 21.03.2017 along with bunch of other documents like

passbook and PAN cards., while he kept the cheque book, passbook

and other documents in his vehicle, parked near Madras Hotel,

K.K.Nagar Main Road, Trichy. A complaint was given to the

K.K.Nagar, Trichy Police on 22.03.2017 and C.S.R.No.78 of 2017

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was issued. On the same day, the Branch Manager of the Bank was

intimated about the missing of the cheque leaves bearing

Nos.159628 to 159665 and requested not to encourage those 34

cheques and stop payments to prevent misuse by a founder of the

lost cheque. Relying upon thes